Trust Company of Australia Ltd v Commissioner of State Revenue [2003] HCA 23

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

TRUST COMPANY OF AUSTRALIA LTD APPELLANT

AND

COMMISSIONER OF STATE REVENUE RESPONDENT

Trust Company of Australia Ltd v Commissioner of State Revenue

[2003] HCA 23

1 May 2003

B44/2002

ORDER

1. Appeal allowed with costs. 2. Set aside the orders made by the Queensland Court of Appeal dated 20 July 2001 and, in place thereof, order that: 3. the questions in the Case Stated be answered as follows:

Question (a): is the Form 1 Transfer (Annexure "D") an instrument whereby property was conveyed, transferred or assigned to or was vested in the person within the meaning of s 49(1)(a) of the Stamp Act 1894?

Answer: yes.

Question (b): if "yes" to (a), is the Assessment Notice issued 27 March, 2000 the result of a reassessment by the Commissioner pursuant to s 80 of that Act?

Answer: unnecessary to answer.

Question (c): if "yes" to (b), is the original assessment that which is contained in the document entitled "ASSESSMENT NOTICE", bearing Lodgement Number 011 858 466 - 9 and, if so, is such assessment the result of the forming of the opinion by the Commissioner pursuant to s 22(2)(a) of that Act that the Form 1 Transfer was not chargeable with any duty because of s 54(6) of that Act consequent upon duty having been paid on the Contract of Sale (Annexure "C")?

Answer: unnecessary to answer.

Question (d): if "yes" to (c), is the assessment of the Commissioner, contained in the Assessment Notice issued 27 March, 2000, on the Form 1 Transfer instrument valid?

Answer: unnecessary to answer.

Question (e): if "no" to (b), should the appellant be entitled to the benefit of the application of s 54(6) of that Act?

Answer: the condition in the question may be ignored and the balance of the question answered "yes".

Question (f): is the assessment of the Commissioner contained in the Assessment Notice issued 27 March, 2000 in the sum of $653,475.00 on the Form 1 Transfer instrument correct and, if not, what duty, if any, is payable?